| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING APRIL 3, 2007 | |
The City Council meets in the Council Chambers on Tuesday, April 3, 2007 and Mayor Isadore S. Ramos calls the meeting to order at 7:30 P.M.
The invocation is read by Councilman DiTraglia and the Salute to the Flag is led by Councilman Cusack.
Lori Merolla from Merandi Reporting is present to record the proceedings of the public hearing.
| Present: | Mayor Isadore S. Ramos | | |
| | Robert E. Cusack | ) | Council Members |
| | Bruce DiTraglia | ) | |
| | Valerie A. Perry | ) | |
| | Bryan P. Silva | ) | |
| | | | |
| | Richard M. Brown | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Virginia B. Nunes | ) | City Clerk |
I. CONSENT CALENDAR
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to approve the Consent Calendar with thank you letters sent to William M. Walsh and Steven C. Clemens.
A. APPROVAL OF COUNCIL JOURNALS
March 12, 2007 – Joint Council/School Committee Meeting
March 20, 2007 – Regular Meeting
B. LETTER OF RESIGNATION
William M. Walsh – East Providence Historic Properties Commission
Steven C. Clemens – Harbor Management Commission
C. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2005 | $9,478.54 |
| 2006 | $11,729.67 |
| Total | $21,208.21 |
D. ALCOHOLIC BEVERAGE - CLASS F-1 -April 14, 2007
St. Francis Xavier, 81 North Carpenter Street (02914)
II. APPOINTMENTS
1. Assistant Harbormaster (by Councilman DiTraglia)
Michael J. Damiani, 887 Willett Avenue (02915)
On motion of Councilwoman Perry, seconded by Councilman Silva, and it is unanimously voted to defer.
LICENSES NOT REQUIRING PUBLIC HEARING
1. Peddler-Seafood (Subject to approvals from the Chief of Police, Health Inspector, and City Manager)
Couto, Ricardo M. d/b/a Couto’s Seafood 41 Pearl Street, North Providence (02904)
No one is here to be heard.
On motion of Councilman Cusack, seconded by Councilman DiTraglia, and it is unanimously voted to deny.
2. Laundry/Dry Cleaner (Subject to approvals from the Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall)
Chaudhary, LLC, d/b/a B & C Dry Cleaners & Tailoring, PO Box 1433, West Warwick, (02893)
Brij B. Chaudhary, 43 Brigg Street, Cranston (02920) is sworn in by the City Solicitor.
Mr. Chaudhary stated that his dry cleaner was just a drop off spot. He has another store in Cranston.
On motion of Councilwoman Perry, seconded by Councilman DiTraglia, and it is unanimously voted to approve.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
III. PUBLIC HEARINGS
ORDINANCES – FINAL PASSAGE
(Advertised Providence Journal March 21, 28, & April 2, 2007)
1) The following is an ordinance regarding rezoning of Parcel 15 on Assessors Map 711, Block 3 from R1 to C1.
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED
ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND
1998, AS AMENDED, ENTITLED “ZONING.”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations” is hereby amended as follows:
Parcel 15 on Assessors Map 711, Block 3 presently located in a Residential 1 District is hereby changed to be included in a Commercial 1 District subject to the following conditions:
1. That the applicant continue to work with City staff in the preparation of the LDP Preliminary Plan and that all staff comments and all comments of the traffic and drainage peer reviewers are adequately addressed in the Preliminary Plan and further that the zoning of the property revert to Residential 1 should the applicant fail to obtain final plan approval of the proposed Land Development Project;
2. That the rezoning be restricted to the multi-family land use and no other permitted uses of the Commercial 1 District;
3. That the applicant obtain any and all required Federal, State and City permits for the proposed use including building and occupancy permits from the City of East Providence; and
4. That the proposal shall meet all applicable City, State, and/or Federal regulations and requirements.
The Zoning Map of the City of East Providence shall be amended accordingly.
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Planning Department).
On motion of Councilwoman Perry, seconded by Councilman Cusack, and on a roll-call vote it is unanimously voted to dispense with the reading of the ordinance.
Robert Dale, 2 Kings Highway West, Suite 204, Haddonfield, N. J. (08033) from Wampanoag Partners, LLC, and from Buckingham Partners representing the Leonardo Family Trust. We specialize in large community attached housing. Most new housing is large single family track development. We want to serve the empty nesters, and baby boomers who want to downsize with lower maintenance but want big master bedrooms, large bathrooms and kitchens on the first floor and office space and bedrooms for grandchildren on the second floor. The development is beautiful and a wonderful addition for the East Providence farm. Commercial use is not favored by some of the neighbors. We met with the neighbors in early November. They were present at the planning meeting which unanimously approved this development.
The development is a mixture of attached housing. Two-thirds are traditional townhouses, 2 or 3 stories with attached garage, mid $300,000. Most appeal to first time and professional home buyers. One-third with large master bedroom on first floor with attached garage, mid $400,000 to $500,000. Most appeal to empty nesters moving down, and wanting more quality less maintenance. They are able to sell old home for same price. We have community appeal, clubhouse, meeting room, game room, kitchen for parties, indoor and outdoor pool, and fitness center. Open space landscaped formally and informal large buffer to the neighbors and the Wampanoag Trail. The perimeter has mature trees that we will keep.
Hospital Road will be gated and only used for emergency. All traffic will be on/off Wampanoag Trail.
Fiscal impact study shows few school children. We will build our own internal roads owned and maintained by the facility. This development when finished will have 321 homes. The first phase is 50 to 75 homes a year, a 5 year plan.
James Breting, 104 Shore Road (02915) was sworn in by City Solicitor.
Mr. Breting asked how the sewer plant is going to handle this. Make the contractor be responsible.
Councilman Silva stated he asked the manager of the sewer plant with the same concerns for the Gilbane project and this development and was told the sewer plant has the capacity to handle it. The problem is to upgrade to handle the Nitrogen levels.
Councilman Cusack stated their putting in there own sewer system.
Mr. Brown appreciated Mr. Breting’s concern, however, the sewer plant upgrade will bring up the Nitrogen improvement process to handle it; also the 300+ units will be paying a sewer rate fee which will help the residents.
Mr. Breting asked about the fix cost.
Councilman Cusack stated regarding the fix cost and variable cost. The fix cost is to meet today’s mandate.
Attorney Bruce Cox representing Center Court Tennis Club is in favor. The drainage end of Hospital Road (02915) is a drainage and surge issue. They made a commitment to tie into their system and drainage.
Gertrude Diquinzio, 94 Hospital Road (02915) was sworn in by City Solicitor.
Ms. Diquinzio stated she is an abutter and represents a few of her neighbors. They committed to tie us in to their system to help with the drainage on Hospital Road, and with the help of the City they will help us get City Water, which we have been trying to get.
Bruce Blaydes, 66 Griffith Drive (02915) was sworn in by City Solicitor.
Mr. Blaydes stated he’s been fighting the water problem for 30 years. All the area around the old dump has been a problem with drainage. Contractors come and tell us stories because they want to build. They leave and we’re left with drainage problems. The traffic is another problem. They sat from 11 a.m. to 3 p.m. to check the traffic. They don’t see the working traffic.
Robert W. Nelson, 25 Argyle Avenue (02915) was sworn in by City Solicitor.
Mr. Nelson stated the turn around was closed a couple of years ago because of accidents. Unless you reduce the speed on Wampanoag Trail and they adhere to it, there will be accidents. You’re going to put an entrance and exit there? You say the housing market is soft. What happens if the first phase doesn’t work?
Councilman Cusack stated this is a benefit for our City. There projected impact on our schools is only 20%. They are projecting $200,000 & $309,000 for phase 1 & 2. If it stopped at the first phase, it would revert back to Residential 1.
Jeanne Boyle, Director of Planning was asked to speak. She stated they need to slow down. We had outside engineers, our department engineers and the Department of Transportation look at Wampanoag Trail. The DOT was considering round about for long term, however for short term they are removing structures and adding lines. This plan has a lane for acceleration and deceleration. Regarding the drainage issue on Hospital Road, there would be drainage on site for the problem area. This is a financial winner.
Councilman DiTraglia had concerns about the drainage being in the center of the development and stated if we pass this, they would have to return with other updated information.
Jonathan Stabach, P.E., 26 Old River Road, Barrington was sworn in by City Solicitor.
Mr. Stabach stated reduction of storm water to abide the water table. We are a few feet below water level. The mound of dirt you see from Wampanoag Trail will be leveled to the center and have vegetation which will be a storm retention bases protecting storm water to abutting properties.
Councilwoman Perry stated she is for development, however, concerned about the physical impact on the quality of life and the need to resolve some of these traffic issues.
Mr. Conley wanted to clarify the record; should the Council grant this zone change tonight, it would go through a review through the Planning Department and not come back to Council.
On motion of Councilman Silva, seconded by Councilman DiTraglia, and on a roll call vote, it is unanimously voted to approve.
IV. CONTINUED BUSINESS
V. NEW BUSINESS
A. CITY MANAGER’S REPORT
1. Requesting Council pre-qualification approval of Process Engineers & Constructors.
Mr. Brown asked for approval for the pre-qualification of Process Engineers & Constructors for the Waste Water Treatment Facility.
On motion of Councilman Cusack, and seconded by Councilman DiTraglia, and on a roll- call vote, it is unanimously voted to approve.
2. Collective bargaining negotiations USWA 15509 & 15509A.
Councilman Silva recused due to the fact my wife works for this Union.
Mr. Brown asked for approval of a pay increase of 2.9% effective November 1, 2006 and an additional 0.6% on July 1, 2007.
On motion of Councilwoman Perry, and seconded by Councilman DiTraglia, and on a roll- call vote, it is unanimously voted to approve with Councilman Silva abstaining.
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (by William J. Conley, Jr. – City Solicitor)
Mr. Conley presents Claims and Litigation Report from April 3, 2007.
| Mike Carter Claim No. 07-009 | Deny the claim |
| Verizon Claim No. 07-011 | Refer to Law Department |
On motion of Councilman DiTraglia, and seconded by Councilman Silva, and on a roll- call vote, it is unanimously voted to approve.
C. COUNCIL BUSINESS
1. Update on status of Sabin Point Park & Hull Street (by Councilwoman Perry)
Councilwoman Perry reminded and challenged everyone to be at the annual spring clean up Saturday, April 14, 2007 from 9:00 A.M. to 12:00 noon at Sabin Point Park. She also wanted to know the status on the grants.
Mr. Brown stated there is a $200,000 grant for Hull Street and a $150,000 grant for Sabin Point Park. I checked today and was told the contracts were mailed out today.
2. Structure of the Board of Canvassers (by Councilman Cusack)
Councilman Cusack stated our Canvassing Board is a three person board and the clerk is on that board. In recent months there has been communication regarding open meeting complaints and a letter from the Attorney General’s Office stating we’re in violation, if Mr. Conley can read the letter.
Mr. Conley stated there was a complaint in October 2006. The Board has three people on it, of which one is the Canvassing Clerk. Whenever one of the Board members comes to City Hall to check on a voter’s information and talks with the Clerk, it forms a quorum and is in violation with State Law. The Attorney General’s Office did send a letter stating it wasn’t an intentional violation this time, however, now you are warned, the language states if you continue on a future daily basis, this binding serves as notice that the conduct is in violation.
Mayor Ramos asked if other Cities are structured this way.
Mr. Conley stated there are only three, we being one; the others are Newport and Exeter.
Mayor Ramos stated we need a motion to change this to follow the State Law.
On motion of Councilman DiTraglia, and seconded by Councilman Silva, and on a roll- call vote, it is unanimously voted to approve.
D. INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on April 17, 2007 for a public hearing and consideration of final passage).
1. The following is an ordinance pertaining to no parking for Summit Street (West side) from its south terminus north for 605 feet.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED
“VEHICLES AND TRAFFIC”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” Subsection 18-307 entitled “Parking prohibited at all times.” is amended to read as follows:
SUMMIT STREET (west side) from its south terminus north for 690 605 feet
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Cusack, and on a roll-call vote it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilwoman Perry, and seconded by Councilman DiTraglia, and on a roll- call vote, it is unanimously voted to approve.
2. The following is an ordinance pertaining to the stop sign for Haliburton Road (eastbound and westbound traffic) at Jay Street.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED
“VEHICLES AND TRAFFIC”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” Is amended by adding thereto the following:
HALIBURTON ROAD (eastbound and westbound traffic) at Jay Street
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Cusack, and on a roll-call vote it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilwoman Perry, and seconded by Councilman Silva, and on a roll- call vote, it is unanimously voted to approve.
On motion of Councilman DiTraglia, and seconded by Councilman Silva it is unanimously voted to recess for 10 minutes.
E. COMMUNICATIONS
1. Keith Gonsalves, 2 Ramsay Street (02915) was sworn in by City Solicitor.
Mr. Gonsalves stated his concerns regarding Menhaden Management area and the support of the H5165 bill. He explained the importance of these fish that clean our Bay and wants to stop boats from coming in and taking the Menhaden. He would like the City Council to form a Resolution to protect them. They are the bottom of the food chain and used for bait.
2. Joseph C. Carter, 35 Oak Avenue (02915) was sworn in by City Solicitor.
Mr. Carter stated he’s a disgruntled tax payer and he doesn’t like the Roberts Rule of Order. He wants to be able to have a voice.
He has been skating on Willett Pond for 30 years and his children and he is going to skate on Willett Pond next winter. The Council talks about a Liability, the kids could drown in the High School pool; they could get hurt in the parks. Everything is a Liability.
3. Wesley D. Plante, 53 Seventh Street (02914) Requesting to address the Council regarding “Wampanoag Ponds” a 56 acre parcel of land bordering on the Wampanoag Trail and Hospital Road.
He was not present.
4. Heather A. Vine, 200 Riverside Drive (02915) was sworn in by City Solicitor.
Ms. Vine stated her concerns regarding the closing/merging of Martin & Riverside Middle Schools. We need two middle schools. She mentions the problems they have in Woonsocket. She asked the Mayor to support her.
Mayor Ramos stated he can’t make a decision on rumors. I’ve seen no proposals. He asked if she made this presentation to the school committee.
Ms. Vine said she would at the School Committee meeting however is afraid they will vote on it Tuesday.
Mayor Ramos stated they would not vote on it Tuesday.
Councilman DiTraglia stated he’s been getting lots of phone calls. He talked to Dr. Forbes and was assured nothing would happen this year.
5. Leonard A. Vine, 200 Riverside Drive (02915) was sworn in by City Solicitor.
Mr. Vine stated closing/merging of Martin & Riverside Middle Schools would cause hardships. Putting that number of students together would cause more problems. There would be safety aspect regarding the number of students, building exits, Fire, Emergency. Burden on studies, children who were in chorus, football, etc. would have to try out again and not all will be able to be on them. What’s that going to do the children?
6. Hayley Vine, 200 Riverside Drive (02915) was sworn in by City Solicitor.
Ms. Vine stated that she did not want the closing/merging of Martin & Riverside Middle Schools. Think of the students. I started a petition and got 1239 signatures, 907 teachers and parents, and 332 students. Please support us.
7. Mary Ann Leonardo, 16 Prescott Avenue (02915) was sworn in by City Solicitor.
Ms. Leonardo stated rumors, rumors we keep hearing rumors. The kids are coming home saying the Martin Middle School is sinking 2”. Then I heard 2’. We want to be informed. Connect education message 3 1/2 weeks ago stated East Providence School Committee had a 5 year plan. We want to be informed. You have our attention. You say they are not going to vote on Tuesday. The Schools need money for the budget and are asking for more then the 3.5% cap the City of East Providence has. What about the 5.25%, we need your support.
Mayor Ramos stated the last Council put a 3.5% cap and he is obligated to keep to that. How could I say 5.25% and the City side needs money? I can’t make that decision on rumors.
Mr. Brown stated the fiscal year starts November 1 and we start in the summer, August (September – October). Legislation S3050 can’t ask above 5.25%. The School is asking for State and Federal sources.
8. Charles Mello, Jr., 596 Willett Avenue (02915) was sworn in by City Solicitor.
Mr. Mello stated he was a new member on Cancer Control Task Force and it’s just getting started. I asked for a copy of all Boards and Commissions and found many are not updated. For example, the Tenants’ Board of Affairs has not been updated since 1998.
Mayor Ramos stated the Council is looking at the different Boards and Commissions.
Councilwoman Perry stated in the past when she was City Clerk, she advertised a Letter of Interest of Appointments and got some good response.
Mr. Brown stated be could post an application on the website.
XI. ADJOURNMENT
On motion of Councilman Cusack, seconded by Councilman Silva it is voted to adjourn.
Mayor Ramos adjourns the meeting at 10:25 P.M.
Attest:
_________________________________
Virginia B. Nunes
City Clerk
Approved: April 17, 2007